JAMES JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Facially Sufficient Claim cases and more on FLexlaw
PER CURIAM.
Appellant seeks review of an order denying his motion, filed pursuant to Florida Rule of Criminal Procedure 3.850, seeking postconviction relief on the ground that his trial counsel had been ineffective for failing to either object to or verify the prior record set out on the sentencing guidelines scoresheet. Because appellant failed to allege that his attorney either knew or should have known that the prior record was incorrect, appellant has failed to state a facially sufficient claim’ See, e.g., Miller v. State, 725 So. 2d 414 (Fla. 2d DCA 1999); Brye v. State, 677 So. 2d 1357 (Fla. 1st DCA 1996); Manuel v. State, 629 So. 2d 1052 (Fla. 2d DCA 1993); Lanier v. State, 478 So. 2d 1184 (Fla. 2d DCA 1985). Accordingly, we affirm. However, we do so without prejudice to appellant’s right to file in the trial court a timely, legally sufficient, motion seeking relief.
AFFIRMED.
MINER, WEBSTER and LAWRENCE, JJ„ CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Awad v. State, 778 So. 2d 1035 (Fla. 4th DCA 2001)…nity to challenge the scoresheet. To state a sufficient claim of ineffective assistance under these circumstances, a defendant must allege that his attorney either knew or should have known that the prior record was incorrect. See Johnson v. State, 736 So. 2d 40 (Fla. 1st DCA 1999). Because we believe that defense counsel has an obligation to request and review a sentencing scoresheet, see Montague v. State, 702 So. 2d 237 (Fla. 2d DCA 1997) (holding appellant’s postcon-viction claim of ineffective assistan…
Authorities Cited
- Lanier v. State, 478 So. 2d 1184 (Fla. 2d DCA 1985)
- Manuel v. State, 629 So. 2d 1052 (Fla. 2d DCA 1993)
- Grady R. Brye, Sr. v. State, 677 So. 2d 1357 (Fla. 1st DCA 1996)
- Miller v. State, 725 So. 2d 414 (Fla. 2d DCA 1999)